Needs Code February 2017

9.2.14 Where it is

9.2.14 Where it is brought to the attention of, or appears to, a local authority that a child or young person for whom it is responsible may have ALN, and an IDP is not being maintained for that person, the local authority must decide whether the individual has ALN (unless one of the exceptions set out below apply). 76 This duty is broken down below. ‘Brought to the attention of / appears to’ 9.2.15 An individual’s case could be brought to the attention of a local authority in a number of ways. The following list of potential scenarios is not exhaustive: A child or their parent, or a young person, has made a direct request to the local authority to reconsider a maintained school’s decision about ALN 77 . This provides children and their parents, and young people with an effective means of challenging the decision of a maintained school. A non-maintained setting has alerted the local authority that they believe the child or young person has, or may have, ALN. A third party, for example a friend or family member, has alerted the local authority that they consider the child or young person may have ALN. Individuals for whom the Local Authority is responsible 9.2.16 A local authority is responsible for a child or young person in its area. 78 This is usually the local authority in whose area the person resides –and it will be clear which local authority this is in the vast majority of cases. 9.2.17 For cases with a cross-border element, the Education Act 1996 partially defines the term – a person is not in the area of a local authority in Wales if the person is wholly or mainly resident in England and vice versa. 79 However, if a person would have been in the area of a local authority in Wales but for a placement at a residential institution in England in order to receive ALP, then the person remains in the area of the local authority in Wales, even if they live for most or all of the year at the residential institution in England and vice versa. 80 9.2.18 Similarly, if a local authority places a person for whom it is responsible in a residential institution in another local authority area within Wales to meet 76 Section 11 of the Act 77 Section 24(1) of the Act). The local authority decision is then treated as one under section 11 of the Act. 78 Section 86(4). 79 Sections 579(3A) and (3B). This definition applies to the Act: section 86(6) of the Act. 80 Section 579(3A) and (3B) as amended by section 82 of the Act. Page | 80

the person’s ALP, the placing local authority should remain responsible under the Act. 9.2.19 This means that a school’s local authority area might be different to the local authority which is responsible for the child or young person. The Act includes provisions to facilitate local authorities working together in circumstances such as this. 81 Circumstances in which no Local Authority decision is required under section 11 9.2.20 The local authority’s duty to decide whether the child or young person has ALN will not apply in any of the following circumstances: An IDP is already being maintained for that child or young person 82 . Where the local authority has previously decided the issue and is satisfied that the person’s needs have not changed materially since that decision and there is no new information which materially affects that decision 83 . Where the local authority is satisfied that the matter is already being decided by the governing body of maintained school 84 . This exception ensures that there is no duplication of resource, and that a single decision follows. Where the individual is a young person who does not consent to a decision being made 85 . The decision is about a young person who is an enrolled student at an FEI in Wales, is not dual-registered 86 and no request has been made by the FEI for the local authority to decide the matter. 87 The child or young person is a detained person 88 . The child is looked after. 89 If the child is looked after by another local authority, they must refer the matter to the local authority that looks after the child. 90 If the child is looked after by the local authority responsible for the child, it would have to decide the matter, but under section 16 of the 81 Sections 35 and 58. 82 Section 11(2)(a) of the Act. 83 Section 11(2)(b) of the Act. 84 Section 11(2)(c) of the Act. 85 Section 11(2)(d) of the Act. 86 See Chapter 20. 87 Section 11(2)(e) of the Act. 88 Section 11(2)(f) of the Act. However, the local authority may still have to decide the matter, but under section 37 of the Act as the “home authority” instead. See also Chapter 20. 89 Section 11(4) of the Act 90 Section 15 of the Act. Page | 81